Navigating Spousal and Child Support in Legal Separation

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Understanding Your Rights to Support During Separation

When a married couple decides to separate, it can be a complex process with varying levels of formality and rights. There are informal arrangements, such as a trial separation, which require no legal intervention. On the other hand, some states offer legal separation, a formal process similar to divorce. In a legal separation, spousal support and child support may be available, especially if you live in different households.

What Are Your Rights to Support During Separation?

A trial separation is an informal way to part ways temporarily, requiring no court intervention or formal support arrangements. Legally and financially, you are still considered married, so any support agreements must be mutually decided.

Legal separation, however, is more formal and involves filing a legal petition. A judge oversees the proceedings and issues a binding separation order. Couples can submit a separation agreement for the judge’s consideration. If there’s no agreement, the judge decides on property division, spousal support, and child support.

Spousal support, also known as separation maintenance, may be required if one partner is financially dependent on the other. Child support is often necessary, especially if one parent lives alone with the children. These costs are legally enforceable if ordered by the court.

Spousal Support vs. Child Support

Spousal support, or maintenance, helps the financially dependent spouse, regardless of whether there are children. For instance, if one spouse was unemployed to care for the kids, they might need financial assistance until they can find a job. The amount and duration of spousal support vary by state and are determined by a judge.

Child support ensures the basic needs of children are met in a split home. Typically, the non-custodial parent pays the custodial parent. However, if custody is shared equally, the arrangement may differ. Factors such as the number of children, each parent’s income, and time spent with the children influence the child support order.

How to Budget Without Support

Separation can be financially challenging, especially if you’re used to a dual-income household. Here are some steps to manage your finances if you’re not receiving support:

• Review Expenses: Examine your recent bank statements to identify recurring bills. Discuss with your partner to establish clear responsibilities, especially for debts.
• Cut Unnecessary Spending: Trim non-essential expenses, such as subscriptions or food delivery, to ease financial strain.
• Create a New Budget: Set up a budget that reflects your new circumstances to live within your means and avoid debt.
• Seek Additional Income: Consider taking extra shifts, doing odd jobs, or using gig-economy apps to boost your income.

If your ex is not paying required support, you can file an enforcement action with the family court. A judge can penalize them with sanctions, fines, or jail time, which may help you receive back payments.

Check in on Your Credit

During legal separation, assets, debts, and responsibilities are divided similarly to a divorce. Ensure that joint expenses, such as a mortgage, are being paid on time to avoid damaging your credit score. Periodically check your credit report and score to catch any unpaid accounts or surprises.

For any mortgage service needs, call O1ne Mortgage at 213-732-3074. We are here to assist you with the best mortgage solutions tailored to your needs.

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